At Quastels LLP, we are your trusted partners in Construction Law, offering comprehensive guidance for both commercial and residential construction projects throughout England and Wales.
With several decades of experience and an in-depth industry understanding, our team is uniquely positioned to provide advice that combines both legal and practical experience to better prepare you to manage the legal challenges of your construction project.
Our Comprehensive Construction Services
Whether you are a Funder, Joint Venture partner, Developer, Contractor, Professional or individual we provide you with expert guidance at every stage of the construction and development process, from advising on your commercial and finance agreements to drafting the construction and development agreements necessary to secure your position. Our priority is to understand your requirements and procure that adequate protections are in place.
We aim to be flexible and available, and our services include (but are not limited to):
Advising on the optimal procurement strategy to meet your project’s unique needs and objectives.
Collaborating closely with you and your construction team throughout the project’s lifecycle to assist in managing and identifying likely risks, ensure proper contract administration and reduce the likelihood of prolonged disputes.
Crafting and negotiating construction contracts that not only safeguard your interests but also facilitate the smooth execution of your project.
Drafting and negotiating bespoke consultant appointments, collateral warranties and/or third-party rights notices which adequately reflect your needs and obligations under any third-party agreements.
Assisting with construction-related disputes, including the adjudication process, and working collaboratively with you to seek to achieve cost-effective and commercially favourable resolutions.
We work with you in structuring and navigating complex joint ventures, offering equitable agreements that foster collaboration and mutual success among partners. See our Development page for further details.
We provide strategic financial guidance, either by assisting in assessing the security which you require over a project and drafting the legal documentation to fulfil that aim, or by reviewing the funding offered to you to manage the risks, helping you to optimise capital allocation and achieve your construction goals efficiently. See our Property Finance page for further details.
Some projects may have documents in place where we have not been involved at an early stage or other parties have assisted you. We may be retained to review the status of existing construction documentation in various contexts, including a new joint venture party (or exit of a party), variations, agreements for lease and development agreements or other agreements. We can report to you on their adequacy and advise on next steps.
Our Holistic Approach
We understand the complexities and time constraints inherent in delivering successful construction projects. While our expertise is deeply rooted in the legal aspects, our commitment goes beyond that. We work alongside you and your professional team right from project inception, offering support and solutions throughout every phase of construction.
Frequently Asked Questions
- 1. Why do I need a construction contract?
A construction contract effectively manages the building process throughout your project’s lifecycle.
It provides an enforceable agreement and process for the parties to follow in relation to all matters relevant to the project.
This would include
- cost controls,
- insurance requirements,
- compliance with planning and building regulations and relevant legislation,
- timing for commencement and completion of the works,
- damages on default, and
- management processes for any disputes.
Contentious issues relating to:The complexity of a construction project and its various moving parts mean that absent a construction contract it is almost inevitable that there will be confusion or dispute between the parties which may otherwise have been avoided.
Where you do not have protection, the process for resolving these is undefined and you are exposed to costs which may make it uneconomic to resolve the issue.
- 2. When should I seek advice from a construction solicitor?
At the point where there is sufficient certainty of concept to meet with your solicitor. Take early advice on your procurement strategy and any existing obligations which you may already have or may be entering into (for e.g. funding agreements, insurance obligations, lease requirements, professionals required and the basis upon which they will be retained etc.).
Failure to do this can impact the tender process, delay the works and ultimately have substantial cost implications.
Construction documents are a precise puzzle, which need to fit neatly together in order to avoid inconsistent standards of care across the professional team, gaps in liability and breaches of any funder or landlord requirements.
- 3. Why do I need a warranty from my contractor and professional team?
Collateral warranties provide a contractual link (or obligation) between you and a party appointed on your project by a third party, such as a developer or contractor.
However, not all warranties are born equal. Some standard form warranties contain limitations on liability which may not be acceptable to you, buyers, funders, landlords or tenants.
Inextricably linked to the collateral warranties are the underlying contractual documents. Therefore, they also need to be in in a form which provides sufficient protection. If you are an owner, buyer, funder, landlord, tenant or have any other interest in a property where works have been or will be carried out, a collateral warranty may be your only recourse in the event that the works are defective.
Contact Us Today
For legal support on your construction project, our team is here to assist you. Contact us today and let us partner with you to navigate the intricate legal landscape of construction, and manage the risks associated with it, from project inception to completion.
Get in touch
If you have an enquiry or would like to work with Quastels
you can phone us or use our online enquiry form to contact us.
